As companies increasingly involve AI in their hiring processes, advocates, lawyers, and researchers have continued to sound the alarm. Algorithms have been found to automatically assign job candidates different scores based on arbitrary criteria like whether they wear glasses or a headscarf or have a bookshelf in the background. Hiring algorithms can penalize applicants for having a Black-sounding name, mentioning a women’s college, and even submitting their résumé using certain file types. They can disadvantage people who stutter or have a physical disability that limits their ability to interact with a keyboard.
All of this has gone widely unchecked. But now, the US Department of Justice and the Equal Employment Opportunity Commission have offered guidance on what businesses and government agencies must do to ensure their use of AI in hiring complies with the Americans with…